J_JBC Permit.pdf

DEPARTMENT OF THE ARMY

CHARLESTON DISTRICT, CORPS OF ENGINEERS

69A HAGOOD AVENUE

CHARLESTON, SOUTH CAROLINA 29403-5107

Regulatory Division

Mr. William Dean US Air Force/Joint Base Charleston 210 W. Stewart Ave, Bldg. 721 Joint Base Charleston, SC 29404

Dear Mr. Dean:

PLEASE READ THIS LETTER CAREFULLY AND COMPLY WITH ITS PROVISIONS

This is in response to your October 9, 2019, application for a Department of the Army permit. This letter supersedes the previous letters dated July 6, 2019 and July 13, 2020.

The public interest review is complete, and we conclude the proposed activity is not contrary to the public interest. As such, a permit can be issued under provisions of Federal law for the protection and preservation of waters of the United States.

Attached is Permit SAC-2019-01664 prepared for the District Engineer's signature.

Please review the conditions to which this permit is subject and, if acceptable to you, sign and return. Please note that our office is currently closed to the public, and Regulatory staff are working remotely. Please return the documents electronically or by normal mail service. Upon receipt of the properly signed permit, the District Engineer or their designee will sign and return a copy to you. As you review the permit documents, be especially mindful that

IT SHALL NOT BE LAWFUL TO DEVIATE FROM THE PLANS EITHER

BEFORE OR AFTER COMPLETION OF THE WORK,

unless a plan reflecting the modification has previously been approved by the Department of Army.

Additionally, the permit not only authorizes the work but also its intended use. No use other than that specified in the permit can be made of permitted work or structures.

Compliance with all conditions of the permit is essential. Failure to do so will tend to invalidate the permit and may result in its revocation.

J-1 ATTACHMENT J

k2tsoh9c Text Box Accompanying Amendment 01 (AM#01)

Sincerely, Travis G. Hughes Chief, Regulatory Division

Attachments:

DA Permit #SAC-2019-01664 State Permit Permit Drawings SARBO PDCs and associated Attachments Table 1: Dredging Units and Impacts Notice of Appeals form

Digitally signed by COLLER-

SOCHA.ROBIN.DALE.122983

Date: 2020.07.27 10:06:17 -04'00'

J-2 ATTACHMENT J

Refer to ENG FORM 1721, NOV 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A))

DEPARTMENT OF THE ARMY PERMIT

Permitee: William Dean US Air Force/Joint Base Charleston 210 W. Stewart Ave, Bldg 721 Joint Base Charleston, SC 29404

Permit No: SAC-2019-01664

Issuing Office: CHARLESTON DISTRICT

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description:

The authorized work consists of dredging up to two million cubic yards (cy.) of material from the JBC channels and associated berthing areas on a rotational basis of every 15 to 20 months for a period of 10 years using a cutterhead suction dredge. The total area to be dredged is approximately 545 acres over approximately 4.8 miles of the Cooper River and 1200 linear feet of the Goose Creek channel.

Channel dredging widths vary depending on the location and range from approximately 375 feet to 1300 feet.

The project area within the Cooper River and the riverside/outside berthing area of Pier X South will be dredged to a depth of 40' Mean Lower Low Water (MLLW) plus 2' allowable over depth. Two shoaling areas (Shoals 4 and 4a) in the Cooper River and the TC dock will be dredged to a depth of 40' MLLW plus 2' of allowable over depth and will require an additional 4' of advance maintenance dredging due to high accumulation of sediments in these areas. The dredging depth within the Goose Creek channel will be 25' MLLW plus 2' allowable over depth. The dredging depth within the inside/shoreside berthing area of Pier X South will be 20' MLLW plus 2' allowable over depth. The dredging depth for the Pier C security dock will be 10' MLLW plus 2' allowable over depth. See Attached Table 1: Dredging Units and Impacts. The dredged material will be placed into one or more existing upland placement areas, including the Clouter Creek, Joint Base Charleston, and Yellow House Creek Placement Areas.

All work is to be completed in accordance with attached drawings entitled: “SAC-2019-01664", sheets 1 through 17, and dated March 20, 2019.

Project Location:

The project is located in Joint Base Charleston (JBC) channels of the Cooper River and associated berthing areas in the Cooper River and the mouth of Goose Creek, including the locations described as the TC dock, Pier X South, the Pier C security boat dock, the Goose Creek boathouse/pier, Wharf A (Shoal 5), and Pier B (Shoal 3) in Berkeley County, South Carolina (beginning at Latitude: 32.911953 °, Longitude: -79.953043 ° and ending at Latitude: 32.911953 °, Longitude: -79.953043 °).

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General Permit Conditions:

1. The time limit for completing the work authorized ends on June 30, 2030. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Permit Conditions:

See Appendix A, pages 7 through 12.

Further information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403)

Section 404 of the Clean Water Act (33 USC 1344)

Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 USC 1413)

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2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal project.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume liability for:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision. The Corps may reevaluate its decision on this permit any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to:

a. Failure to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves false, incomplete, or inaccurate (See 4 above).

c. Significant new information surfaces which the Corps did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by the Corps, and if you fail to comply with such directive, the Corps may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity

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or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

(PERMITTEE) (DATE)

MR. WILLIAM DEAN

US AIR FORCE/JOINT BASE CHARLESTON

210 W. STEWART AVE, BLDG. 721

JOINT BASE CHARLESTON, SC 29404

PRINT NAME

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.

(DISTRICT ENGINEER) (DATE)

Rachel A. Honderd, PMP or their Designee Travis G. Hughes Chief, Regulatory Division

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE) (PRINT NAME) (DATE)

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Table 1: Dredging Units and Impacts.

Dredging Unit

Historical Information (All 1:4 side slopes)

Proposed Depth (All 1:4 side slopes)

Change from Previous Permit

Total Impact

JBC Channel Shoal 1

JBC Channel Shoal 2

JBC Channel Shoal 2A

JBC Channel Shoal 3

JBC Channel Shoal 3A

JBC Channel Shoal 5

JBC Channel Shoal 6

Previously permitted and dredged to max

42’ MLLW)

40’ MLLW required depth + 2’ allowable overdepth; 1:4 side slopes

No change

Max 42’ depth

MLLW

JBC Channel Shoal 4

JBC Channel Shoal 4A

Previously permitted and dredged to max

-42’ MLLW

40’ MLLW required depth + 4’ advanced maintenance + 2’ allowable over depth;

Dredge 4 ft deeper (advanced maintenance)

Max 46’ depth

TC Dock

Previously permitted and dredged to max

42’ MLLW

40’ MLLW required depth + 4’ advanced maintenance + 2’ allowable overdepth;

Dredge 4 ft deeper (advanced maintenance)

Max 46’ depth

Pier X South, 1.06 acre area riverside/outside berth

Previously permitted and dredged to max

36’ MLLW

40’ MLLW required depth + 2’ allowable overdepth

Dredge 6 ft deeper than previously permitted

Max 42’ depth

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Pier X South, 2.2 acre area barge shoreside/inside berths

Partially dredged once in 1991 during pier construction; not part of current maintenance dredging permit but was evaluated under a Final Supplemental EA in 2018.

20’ MLLW required depth + 2’ allowable over depth

New maintenance dredging area

Max 22’ depth

Pier C Security Boat Dock None

10’ MLLW required depth + 2’ allowable over depth

New maintenance dredging area

Max 12’ depth

Goose Creek Channel

Previously permitted and dredged to max

27’ MLLW

25’ MLLW required depth + 2’ allowable over depth

No change

Max 27’ depth

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APPENDIX A

SPECIAL CONDITIONS FOR PERMIT SAC-2019-01664

a. The permittee agrees to provide all contractors associated with construction of the authorized activity a copy of the permit and drawings. A copy of the permit must be available at the construction site at all times.

b. The permittee shall submit a signed compliance certification to the Corps within 60 days following completion of the authorized work. The certification will include:

1. A copy of this permit.

2. A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions.

3. The signature of the permittee certifying the completion of the work.

c. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or their authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

d. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the U.S.

e. That the permittee must advise the District Engineer, in writing, thirty (30) days prior to commencement of the dredging activity authorized by this document.

f. That the permittee agrees to conduct the work authorized herein in a manner that will not prevent or interfere with full and free use of the adjacent or nearby navigable waters of the United States by the boating public.

g. The permittee must submit the following information to the Seventh Coast Guard District at D07-SMB-D7-LNM@USCG.MIL for publication in the Local Notice to Mariners: 1) date of submission, 2) name, phone number, and email address of the project point of contact, 3) company name, 4) type of work, 5) waterway and location where work will be completed, 6) latitude and longitude of work area (degrees, minutes, thousandths of seconds), 7) work start and stop date, 8) hours of operation, 9) equipment on scene, 10) VHF radio channel monitored, and 11) NOAA chart number for the area.

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h. That the permittee is responsible for properly installing and providing appropriate warning and marking devices to alert the boating public of any dangers (such as cables, anchors, buoys and other appurtenances) associated with the proposed dredging activity. All warning and marking devices must be marked and installed in accordance with United States Coast Guard standards.

i. That the permittee agrees to contact the Boating Division of the South Carolina Department of Natural Resources to advise them of the place and time that the dredging activity will be occurring. The permittee will solicit any information that the Department may have on local boating traffic patterns and activities in the project area. Such information will be used to facilitate dredging plant and appurtenances setup and operation to insure safe navigation through the area of work.

j. The permittee must have a copy of this permit available on the vessel used for the authorized transportation and disposal of dredged material.

k. All excavated material must be discharged and properly contained in the designated upland disposal area.

l. No placement or stockpiling of excavated material in Waters of the U.S. (double handling) is authorized.

m. That the permittee agrees to provide the Corps of Engineers bathymetric surveys of the berthing area(s). The surveys will be referenced to "Mean Low Water".

This survey must be submitted within sixty (60) days of the completion of the dredging.

n. The possibility of encountering submerged cultural resources (i.e. materials and/or artifacts fifty years or older) is inherent in dredging, snagging operations and other bottom disturbing activities. If submerged cultural resources or materials are encountered during the operation, the permittee must immediately notify the Corps, of what has been encountered and its location, and to the maximum extent practicable, avoid activities that may affect the submerged cultural materials until the required coordination is completed. Such findings could include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other structural features intact or displaced. Once reported, Corps stafff will initiate coordination with the appropriate federal, tribal and state agencies to determine if archaeological investigation is required. Suspected cultural materials inadvertently gathered from a water-saturated context should be kept moist by re-immersion, spraying, or some other expedient means of wetting until the appropriate Corps staff provide further directives.

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o. That prior to the commencement of any dredging of the 2.2 acre barge shoreside/inside berth area at Pier X-Ray South authorized by this permit, the permittee agrees to install a floating silt curtain around the dredging area to the maximum extent practicable. The curtain must be of sufficient depth to extend from the surface to the bottom sediments during all tidal cycles, and include absorbent material to catch oil, creosote, and flotsam, to minimize the migration of suspended particles, and contain turbidity. Further, the silt curtain must have adequate positioning and anchoring devices to assure its performance and be adequately marked to insure safe navigation in the area. The bottom must be maintained to prevent its migration during various phases of tide and wave action. At 8:00 A.M. each morning and every four (4) hours thereafter until the completion of work that day, an inspection must be performed by the inspector on the silt curtain to insure its integrity. If the curtain is damaged, all dredging activity must immediately cease until the silt curtain is repaired or replaced. A log of these inspections must be maintained on site and ready for review by this office at any time.

p. That this permit does not authorize the dredging of any marsh areas and that care must be given to insure that these areas are not impacted by sloughing both during and after the dredging operations. In the event that any of the adjacent marsh areas shows signs of sloughing, all work will immediately halt and remedial actions will be taken. In addition, this office will be notified immediately and the event will be noted on the inspectors' daily dredging log.

q. One month prior to the anticipated use of the disposal area, the permittee shall advise the Navigation Project Manager, Civil Works Project Management Division, U. S. Army Corps of Engineers, 69A Hagood Avenue, Charleston, South Carolina 29403-5107, in writing, of the anticipated use of the area, the estimated yardage to be disposed of. The permittee must obtain permission from the U.S. Army Corps of Engineers Navigation Project Manager prior to using either the Yellowhouse Creek or the Clouter Creek dredged material disposal areas. The permittee's discharge shall not interfere with any on-going work, dredging, diking or dewatering within the Yellowhouse Creek or Clouter Creek disposal areas. Hence, the Government reserves the right to temporarily deny the use of the area, specify the location of the discharge line or whatever it deems necessary to protect the Government's interest.

r. The permittee recognizes that this permit does not convey any real estate interests.

s. That the permittee acknowledges that failure to substantially comply with the provisions cited above will render this permit null and void.

t. The permittee understands and agrees to provide for and/or obtain mosquito control efforts, including inspections and product application, for the use of the proposed disposal area. The abatement program shall be coordinated with

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affected municipalities. If the Charleston County Mosquito Control Program (CCMCP) is selected as the provider, an agreement will be developed between Joint Base Charleston (JBC) and Charleston County to reimburse Charleston County for mosquito control services to include inspection and product application to the confined disposal facility.

u. The permittee shall notify the Charleston County Mosquito Control Program (CCMCP) within 24 hours of the start of placement of dredged material on the confined disposal facility, regardless if CCMCP is the designated provider.

v. In order to ensure protection of any threatened or endangered species, and designated critical habitat that may be present in the project area during construction activities, the permittee will comply with the following:

1. The permittee shall instruct all personnel associated with the project of the potential presence of and the need to avoid collisions with protected species, which may include but is not limited to West Indian manatees, Atlantic sturgeon, shortnose sturgeon, sea turtles, wood stork, blue whale, fin whale, humpback whale, North Atlantic right whale, sei whale and sperm whale.

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing protected species, to include manatee(s), which are protected under the Marine Mammal Protection Act of 1972 and/or the Endangered Species Act of 1973.

3. Any siltation barriers used during the project shall be made of material in which protected species, to include manatee(s), cannot become entangled and must be properly secured, and regularly monitored to avoid protected species entrapment.

4. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

5. If protected species, to include manatee(s), are seen within 100 yards of the active construction area all appropriate precautions shall be implemented to ensure protection of the protected species, to include manatee(s). These precautions shall include the operation of all moving equipment no closer than 50 feet to a protected species, to include manatee(s). Operation of any equipment closer than 50 feet to a protected species, to include manatee(s), shall necessitate immediate shutdown of that equipment. Activities will not resume until the protected species, to include manatee(s), has departed the project area of its own volition.

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6. Incidents where any individuals of sea turtles, Atlantic sturgeon, shortnose sturgeon, blue whale, fin whale, humpback whale, North Atlantic right whale, sei whale and sperm whale listed by NOAA Fisheries under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the United States or structures or work in navigable waters of the United States authorized by this DA permit shall be reported to NOAA Fisheries, Office of Protected Species at (727) 824-5312, the SCDNR Hotline at 1- 800-922-5431, and the Regulatory Office of the Charleston District of the U.S.

Army Corps of Engineers at (843) 329-8044. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs.

Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure, or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries, Office of Protected Resources, to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved.

7. The permittee understands and agrees that all in-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. Where appropriate, in water wires should be fitted with PVC sleeve from the surface to the bottom to prevent any potential scraping of the passing manatees.

w. In order to ensure protection and reduce potential construction-related impacts to West Indian manatees that may enter the project area during construction activities performed outside the winter months, to discountable and insignificant levels, the permittee will comply with the following for all projects affecting the coastal waters of South Carolina:

1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees.

All construction personnel MUST monitor water-related activities for the presence of manatee(s) during May 1 - November 15. Construction personnel are requested to monitor outside of that timeframe as manatees may be in the area before or after the above dates.

2. Any collision with and/or injury to a manatee shall be reported immediately to the U.S. Fish and Wildlife Service contacts: Melanie Olds, South Carolina Manatee Lead, Charleston Field Office, at 843-727-4707 ext. 205; or Terri Calleson, Manatee Recovery Coordinator, North Florida Field Office, at 904-731- 3286.

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x. That the permittee agrees to comply with the attached Project Design Criteria/Construction Conditions for Dredging Projects that are identifed by a box.

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Project Design Criteria/Construction Conditions for Dredging Projects 2020 South Atlantic Regional Biological Opinion (SARBO)

SAC-2019-01664 JBC Maintenance Dredging v.10July2020

The USACE has reviewed the SARBO and determined that the project meets the terms and conditions of the SARBO, with the inclusion of all relevant Project Design Criteria (PDC). Thereby, the permittee shall comply with the following checked ( ) protected species PDC/construction conditions:

A. Standard/General PDCs.

The following standard conditions are applicable for ALL dredging activities regarding the educations and observation of the project:

EDUCATE.1: The permittee must ensure that all personnel associated with the authorized project are instructed about the potential presence of species protected under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) and the appropriate protocols if they are encountered including those in the Protected Species Observer (PSO) PDCs in Attachment 2.

EDUCATE.2: The permittee understands that all on-site project personnel are responsible for observing water-related activities for the presence of ESA-listed species.

EDUCATE.3: All on-site project personnel will be informed of all ESA-listed species that may be present in the area and advised that there are civil and criminal penalties for harming, harassing, or killing ESA-listed species or marine mammals.

EDUCATE.4: All on-site project personnel will be briefed that the disposal of waste materials into the marine environment is prohibited. All crew will attempt to remove and properly dispose of all marine debris discovered during dredging operations, to the maximum extent possible.

The permittee will comply will all applicable Observing and Reporting PDCs in

Attachment 2.

The following reporting conditions are applicable for ALL dredging activities. All reporting requirements should be provided digitally to the USACE Project Manager and NMFS (SERODredge@noaa.gov).

The permittee will notify the USACE Project Manager and NMFS at least 2 weeks prior to construction of any project covered under this Opinion. Attachment 1 should be utilized to report all project data.

All lethal and nonlethal take associated with a project covered under this opinion will be reported within 48 hours. Attachment 1 should be utilized to report any project related takes.

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All observations of North Atlantic right whales observed while completing the project will be reported within 24 hours of the observation. Detailed reporting information can be found at:

http://sero.nmfs.noaa.gov/protected_resources/right_whale/seus_sightings/index.html

The permittee will provide a post-construction report (Attachment 1) within 30 days of completion of the project.

B. All In-water dredging activities and material placement:

INWATER.1 - Species Movement: All work, including equipment, staging areas, and placement of materials, will be done in a manner that does not block access of ESA-listed species from moving around or past construction.

(i) Sand placed on the beach or in the nearshore littoral areas will be placed in a manner that does not create mounds or berms that could prevent nesting sea turtles or hatchings from entering or exiting the beach from nearshore waters.

(ii) All placement, including ODMDS placement, will not create an obstruction of species movement in the area (e.g., does not create a mound that would deter or prevent species from moving through the area).

INWATER.2 - Equipment placement: Equipment will be staged, placed, and moved in areas and ways that minimize effects to species and resources in the area, to the maximum extent possible. Specifically:

(i) All vessels will preferentially follow deep-water routes (e.g., marked channels) to avoid potential groundings or damaging bottom resources whenever possible and practicable.

(ii) If barges, scows, and other similar support equipment are used, they will be positioned away from areas with sensitive bottom resources such as non-ESA-listed seagrasses, corals, and hardbottom, to the maximum extent possible.

(iii) If pipelines are used, they will be placed in areas away from bottom resources and of sufficient size or weight to prevent movement or anchored to prevent movement or the pipeline will be floated over sensitive areas.

INWATER.3 - Turbidity control: All work that may generate turbidity will be completed in a way that minimizes the risk of turbidity and sedimentation reaching non-mobile ESA-listed species (i.e., ESA listed corals and Johnson’s seagrasses) as well as other non- ESA-listed non-mobile species (e.g., non-ESA-listed corals, sponges, and other natural resources) to the maximum extent practicable. This may include selecting equipment

J-16 ATTACHMENT J

types that minimize turbidity and positioning equipment away or downstream of non-mobile species.

Refer to Special Condition(s) of the Department of the Army (DA) permit for additional requirements.

INWATER.4 - Turbidity curtains: Turbidity curtains may be used to maintain water quality standards where appropriate and practicable with consideration given to ambient turbidity and if the curtains are practical based on current, wave action, or other factors.

Refer to Special Condition(s) of the Department of the Army (DA) permit for additional requirements.

(i) If turbidity curtains are used, barriers will be positioned in a way that does not block species’ entry to or exit from designated critical habitat and does not entrap species within the construction area or block access for them to navigate around the construction area.

(ii) Project personnel must take measures to monitor for entrapped species in areas contained by turbidity curtains and allow access for them to escape if spotted.

(iii) Beach nourishment projects will be designed to minimize turbidity in nearshore waters by using methods that promote settlement before water returns to the water body (i.e., shore parallel dikes). Turbidity and marine sedimentation will be further controlled using land-based erosion and sediment control measures to the maximum extent practicable. Land-based erosion and sediment control measures will (1) be inspected regularly to remove excess material that could be an entanglement risk, (2) be removed promptly upon project completion, (3) and will not block entry to or exit from designated critical habitat for ESA-listed species.

INWATER.5 - Entanglement: If lines or cables are used (e.g., to mark floating buoys, lines connecting pickup buoy lines, or for turbidity curtains):

(i) In-water lines (rope, chain, and cable) will be stiff, taut, non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, will be enclosed in a plastic or rubber sleeve/tube to add rigidity and to prevent the line from looping or tangling. In all instances, no excess line is allowed in the water.

(ii) All lines or cables will be immediately removed upon project completion.

(iii) All in-water line and materials will be monitored regularly to ensure nothing has become entangled.

J-17 ATTACHMENT J

(iv) Cables or lines with loops used to move pipelines or buoys will not be left in the water unattended.

INWATER.7: Dredging or material placement in areas not previously used for dredging or placement, which are now authorized for borrow sites, side-cast dredging, beach nourishment, nearshore placement associated with beach nourishment, must comply with the following conditions:

(i) Within sturgeon rivers, additional PDCs apply to these activities, as outlined in

Section E below.

(ii) Within 400 ft of any significant non-coral hardbottom areas or bottom structures that serve as attractants to sea turtles for foraging or shelter, the permittee will identify any non-coral hardbottom prior to commencing work to ensure that all sand removal projects provide a 400 ft buffer from all equipment.

(a) For the purposes of this authorization and coverage under the SARBO, significant non-coral hardbottom are defined to be an area with a horizontal distance of 150 ft that has an average elevation above the sand of 1.5 ft or greater and has algae growing on it.

(b) Walls of federally-maintained navigation channels (i.e., jetties and other such man-made structures) are not considered hardbottom for the purpose of the

SARBO.

INWATER.8: Lighting near sea turtle nesting beaches:

(i) For dredges and any support vessels operating at night in front of nesting beaches, lighting will be limited to the minimal lighting necessary to comply with U.S. Coast Guard and Occupational Safety and Health Administration requirements (most up-to-date version of Engineering Manual 385-1-1).

(ii) Lighting associated with beach nourishment construction activities will be minimized through reduction, shielding, lowering, and/or use of turtle friendly lights, to the extent practicable without compromising safety, to reduce potential disorientation effects on female sea turtles approaching the nesting beaches and sea turtle hatchlings making their way seaward from their natal beaches.

(iii) As technology changes, so do turtle friendly lighting options. New information/technology should be used as soon as published guidance for types of appropriate lights and appropriate shielding and positioning of lights is available that is protective of sea turtles (e.g., those outlined by the Florida Fish

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and Wildlife Conservation Commission’s website http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/).

C. Geophysical and Geotechnical (G&G) Surveys/ Activities:

GG.1: For geotechnical surveys, the vibrahead will not be operated until the vibracore platform makes contact with the seabed and core barrel makes contact with the seafloor.

The vibrahead shall not be operated when vibracore platform is being retrieved.

GG.2: No geophysical surveys will occur at night or during periods of low visibility.

GG.3: The minimum number of geophysical sources possible will be used to obtain the necessary geophysical data and the acoustic source will be deactivated when not acquiring data or preparing to acquire data, except as necessary for testing.

GG.4: Only electromechanical sources will be used during geophysical surveys.

Electromechanical sources will be limited to boomers, chirp sub-bottom profilers, side-scan sonars, and single beam, interferometric, or multibeam depth sounders.

(i) Survey equipment will be operated at the lowest power setting, narrowest beamwidth, and highest frequency possible to fulfill data needs and to effectively reduce exposure and received sound levels.

(ii) Boomers and chirp sub-bottom profilers must be operated below 205 dB re 1 (rms).

(iii) Side-scan sonars, single beam, interferometric, and multibeam depth sounders will be operated above 160 kHz.

(iv) No airguns or other deep-penetrating geophysical instruments are allowed.

GG.5: Sturgeon Rivers: Geophysical surveys will not occur upstream of the upper river limits of sturgeon rivers as defined in the table below.

GG.6: ESA-listed whales: Between November 1st and April 30th, no geophysical surveys will be conducted that operate between 10 Hz-22 kHz where North Atlantic right whales may be present.

GG.7: Geophysical surveys will cease operations if an ESA-listed whale is observed within 500 yards (460 m) of the active geophysical survey equipment. Subsequent restart of the equipment will only occur once all ESA-listed whales are more than 500 yards away from – or have not been observed or detected within 500 yards of – the equipment for a minimum of 30 minutes. If an ESA-listed whale is observed, a detailed observation will be provided to the Corps and NMFS within 24 hours including:

(i) All species observed, highlighting ESA-listed species

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(ii) Activity of vessel when sighting occurred (e.g., survey vessel movement details such as speed and direction and survey equipment in use at the time)

(iii) State if work ceased when a species was observed.

(iv) Species and certainty of identification (i.e., positive identification, most likely, best guess)

(v) Photograph of the animal for identification, if possible

(vi) Total number of animals

(vii) Number of calves and juveniles (if applicable/distinguishable)

(viii) Description (as many distinguishing features as possible) of each individual seen, including length, shape, color and pattern, scars or marks, shape and size of dorsal fin, shape of head, and blow characteristics

(ix) Direction of animal’s travel relative to the vessel (drawing preferable); and

(x) Behavior (as explicit and detailed as possible; note any observed changes in behavior).

D. Equipment Specific PDCs

1. Hopper Dredge Requirements:

HOPPER.1: During all hopper dredging operations, NMFS-approved Protected Species

Observers (PSOs) will monitor for the presence of ESA-listed species (see PDCs in Attachment 2). The dredge operator will maintain a safe working environment for the PSO to access and effectively monitor inflow screening, overflow screening, and dragheads for incidental take of ESA-listed species and associated bycatch after every load. All new hopper dredge vessels or modifications made to existing vessels must be designed to allow safe access to and/or visibility of all collected material in both the inflow box and overflow screening areas so that the PSO is able to inspect the contents after every load for evidence of ESA-listed species. The appointed contact (e.g., Quality Assurance Representative or the Contractor) will immediately notify the USACE who will notify the SARBO Team if conditions limit the ability to safely monitor dredging operations.

Draghead Observation: Upon completion of each load cycle, dragheads will be monitored as the draghead is lifted from the sea floor and placed on the saddle in order to assure that ESA-listed species that may be impinged within the draghead are observed and accounted for. The PSO, or designated dredge crew member under the guidance and supervision of the PSO when safety is of concern, must physically inspect dragheads for evidence of ESA-listed species take after every load.

Inflow Screening Observation:

(i) Inflow screening must be designed to capture and retain material for the PSO to monitor for the presence of ESA-listed species. The screened area must

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be accessible to the PSO to ensure 100% observer coverage. The PSO must inspect the contents of all inflow screening boxes after every load, including opening the box (where applicable and safely accessible) and looking inside at all contents for evidence of ESA-listed species entrainment. If the contents are not clearly visible and identifiable from a location outside of the box, then in limited instances, the PSO may be required to enter the inflow box to identify contents for evidence of ESA-listed species take.

(ii) All hopper dredges are required to have 100% inflow screening unless they must be removed for safety due to clogging as outlined below.

Inflow screening size will start at 4-inch by 4-inch, but may be gradually adjusted to a larger screen size if clogging reduces the ability for the PSO to monitor the inflow for the presence of ESA-listed species or if clogging reduces dredging production and thereby expands the time dredging is required. Scenarios that may result in the clogging of inflow and overflow screens are dredge and project specific.

All modifications will be made in close coordination with the dredging contractor, PSO, appropriate USACE project managers, and NMFS. The USACE will provide NMFS with a notification when screen sizes are increased or inflow screens are removed that will include an explanation of what attempts were made to reduce the clogging problem, how long the problem may persist, and how effective overflow screening will be achieved.

If inflow screens are increased to be larger than 4-inch by 4-inch or are removed due to clogging, the USACE will continue to re-evaluate the risk of clogging on a load by load basis and the inflow screens will be reinstated when clogging is no longer occurring. The USACE will track the number of loads that inflow screens were removed as part of the reporting requirements.

(iii) Hopper dredge operators will not open the hydraulic doors on the inflow boxes prior to inspection by the PSO for evidence of ESA-listed take.

(iv) If the inflow box cannot be observed due to clogging, the box contents cannot be dumped or flushed unless overflow screening that captures contents for observation by the PSO is operational and monitored for evidence of take.

Once overflow screening is operational, PSOs shall also visually monitor box contents as they are dumped or flushed into the hopper.

Overflow Screening Observations:

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All hopper dredges are recommended to have operational overflow screening and monitor for take after each load. Overflow screening is required to be installed and monitored after each load if the inflow screening is removed or bypassed due to clogging.

Overflow screening must be designed to capture and retain material larger than the screen size for the PSO to monitor for the presence of ESA-listed species. The screened area must be accessible to the PSO to inspect for evidence of ESA-listed species take.

Screen size will start at 4-inch by 4-inch, but may be adjusted to a larger screen size if clogging reduces the ability for the PSO to monitor the screen for the presence of ESA-listed species or if clogging reduces dredging production and thereby expands the time dredging is required. All modifications will be made in close coordination with the dredging contractor, PSO, appropriate USACE project managers, and NMFS. If screen sizes are increased due to clogging, the risk of clogging will be re-evaluated weekly and the overflow screens will be reinstated using the smallest screen size that can be effectively used (preferably 4 inch by 4 inch) when clogging is no longer occurring.

HOPPER.2: To prevent impingement or entrainment of ESA-listed species within the water column, dredging pumps will be disengaged by the operator when the dragheads are not actively dredging and therefore working to keep the draghead firmly on the bottom. Pumps will be disengaged when lowering dragheads to the bottom to start dredging, turning, or lifting dragheads off the bottom at the completion of dredging.

Hopper dredges may utilize a bypass or other system that would allow pumps to remain engaged, but result in no suction passing through the draghead. This dredge modification (when employed) is commonly referred to as a turtle bypass valve. This precaution is especially important during the cleanup phase of navigation dredging operations to remove remaining high spots or when a shallow veneer of compatible sediment remains within a borrow area; thus limiting overdepth dredging and plowing efficacy of the turtle deflector. In these example circumstances, the draghead may frequently come off the bottom and can suck in turtles/sturgeon resting or foraging in shallow depressions.

HOPPER.3: Pumping water through the dragheads is not allowed while maneuvering or during travel to/from the disposal or pumpout area. The dredge operator will ensure the draghead is embedded in sediment when pumps are operational, to the maximum extent practicable.

HOPPER.4: All waterport or other openings on the hopper dredge are required to be screened to prevent ESA-listed species from entering the dredge.

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HOPPER.5: A state-of-the-art solid-faced deflector that is attached to the draghead must be used on all hopper dredges at all times.

2. Munitions and Explosives (MEC) / Unexploded Ordinance (USO) Screening on a Draghead Requirements:

MEC.2: The PSO will be required to inspect the draghead MEC screens after every load to verify that no ESA-listed species are impinged on the screening.

MEC.3: If MEC screening is used on a beach nourishment outflow, screening will be monitored and USACE will be notified of any potential ESA-listed species takes identified in the beach outflow screening box.

3. Cutterhead Dredge Requirements:

CUTTER.1: The cutterhead will not be engaged/turned on when not embedded in the sediment, to the maximum extent possible.

** If utilizing a Cutterhead dredge in Sturgeon habitat see time of year restrictions in Section E, Table 1. Sturgeon River Restrictions.**

4. Bed Leveling Requirements:

LEVEL.1: Bed-levelers used as part of the proposed action will be of a design that produces a sand wave in front of the leading face of the bed-leveling device such that it disturbs sea turtles off the sea/channel floor bottom. All support structures must be welded to prevent impingement or “pinch points” for passing ESA-listed species. The design analyzed in the Brunswick Harbor study is approved to meet these requirements (Dodd 2003). Any other design must be documented and photographed and submitted with the pre-construction notification and during the annual review outlined in Section 2.9 of the 2020 SARBO in order to monitor the designs used. Additional designs may be deemed acceptable during the annual review.

LEVEL.2: The bed-leveler will be slowly lowered to the sea/channel bottom and the depth of the bed-leveler adjusted constantly to meet required depth and to compensate for tidal fluctuations.

LEVEL.3: The bed-leveler will be towed/pushed along the bottom no faster than needed to move the material at the sea/channel bottom (approximately 1-2 knots).

E. Endangered Species Requirements

1. Relocation Trawling PDCs:

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RELOCATE.2: If relocation trawling is deemed appropriate to minimize the risk of lethal take on a project using the risk assessment process outlined in Section 2.9.2.2 of the 2020 SARBO, trawlers will mobilize as quickly as possible.

RELOCATE.3: Trawling specifications listed below and in the PSO PDCs will be followed.

(i) Trawl tow-time duration will not exceed 42 minutes (doors in - doors out).

(ii) Trawl speeds will not exceed 3.5 knots for normal operations; however, speeds may be increased to the minimum speed needed to maintain control of the vessel.

(iii) Lazy lines will be designed according to the design specifications in the

Relocation Trawling Net Guidelines found in Attachment 4 to minimize the risk of entanglement with captured species.

2. Sturgeon PDCs - The following conditions are applicable for ALL Dredging Activities in

Sturgeon Rivers.

STURGEON.1: No in-water placement is allowed in sturgeon rivers, including side-cast dredging and nearshore placement.

STURGEON.2: Dredging operations, including related equipment, and projects conducted by other entities in the vicinity will not block more than 50% of the sturgeon river width to allow safe passage of sturgeon.

STURGEON.3: Dredging in sturgeon rivers will follow the time of…